Follow up

R v Andrewes

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CV fraud case highlights importance of recruitment checks

Confiscation order

In R v Andrewes 2022 (see Follow up ), Andrewes (A) obtained three senior roles by lying about his qualifications and experience. He was convicted of fraud and received a custodial sentence, and the CPS then sought a confiscation order under the Proceeds of Crime Act 2002 . When the case reached the Supreme Court, it ruled that the confiscation order should reflect a deduction for the value of services rendered, and so it held that it should cover the difference between the higher earnings obtained through fraud and the lower earnings that would have been obtained if there had been no fraud, to take away the “profit” made by the fraud.

Recruitment due diligence

As well as demonstrating that CV fraud can result in a criminal conviction and a confiscation order, this case also highlights the importance of you checking a successful applicant’s CV.

Pro advice. Check in particular: (1) key academic and professional qualifications - it’s possible to obtain realistic forged certificates, so also do a check with the awarding institution; and (2) job title, responsibilities, experience and dates of employment relating to recent roles, by requesting references. Obtain the applicant’s written consent to these checks.

R v Andrewes